PART 3TAX RETURNS, ENQUIRIES AND ASSESSMENTS

CHAPTER 8PROCEDURE FOR MAKING CLAIMS ETC.

I1C179The claimant: partnerships

1

This section is about the application of section 63 in a case where either—

a

(in a case falling within section 63(1)(a)) the person paid the amount in question in the capacity of a partner in a partnership, or

b

(in a case falling within section 63(1)(b)) the assessment was made on, or the determination related to the liability of, the person in such a capacity.

2

In such a case, only a relevant person who has been nominated to do so by all of the relevant persons may make a claim under section 63 in respect of the amount in question.

3

The relevant persons are the persons who would have been liable as partners to pay the amount in question had the payment been due or (in a case falling within section 63(1)⁠(b)) had the assessment or determination been correctly made.